12 Oct 2018
PT TUGU PRATAMA INDONESIA v. CITIBANK N.A.
- Citation
- [2018] HKCFI 2233
- Court
- Court of First Instance
- Case number
- HCCL1/2007
Court found on the facts the bank was put on inquiry by the time of the third disputed payment because of the combination of indicia (pattern of payments, lack of apparent business connection, payments to signatories and HAM arrangement) and therefore breached its duty of care; however the plaintiff's claims were time-barred because limitation accrued prior to commencement and s.26 did not assist the plaintiff as the special rules of attribution did not apply to displace the company's knowledge and there was no deliberate concealment by the defendant under s.26(3); accordingly the action was…